The Nigerian Law Society (NLS) has said that its attention has been drawn to misleading and defamatory Public Notice, purportedly issued by the Corporate Affairs Commission (CAC) over a constitutional issue.
National President of the NLS, Chief M. A. Nunghe, SAN, Bencher and Chairman Board of Trustees Chief Bolaji Ayorinde in a statement issued to journalists respectively reacted as follows:
“Firstly, Section 40 of the Constitution of the Federal Republic of Nigeria guarantees the right to
associate freely, with or without incorporation. Section 823 of the Companies and Allied Matters Act, 2020 (CAMA) clearly makes it an option for an association of persons to register with the CAC; while Section 863 (2) of CAMA cited in the said Public Notice, is clearly inapplicable to
non-profit organizations.
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According to the Law Society, Section 823 of CAMA provides thus:
“Where two or more trustees are appointed by any community of persons bound together by custom, religion, kinship or nationality or by anybody or association of persons established for any religious, educational, literary, scientific, social, development, cultural, sporting or charitable
purpose, they MAY, if so authorized by the community, body or association (in this Act referred
to as “the association”) apply to the Commission in the manner provided for registration under this Act as a corporate body.”
Secondly, the NLS argued that the Court of Appeal in NBA vs Fawehinmi (1986) 2 NWLR (Pt. 21) 224, p. 241, paras C – D, also validated the legal status of unregistered associations.
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Consquently the NLS further submitted that, “It is public knowledge that the NLS had applied to the CAC for registration, failing which an action was brought against the CAC in Suit No.:
FHC/ABJ/CS/482/2023 – Chief Bolaji Ayorinde, SAN & 5 Ors. vs CAC; and judgment was entered in favour of the NLS on 15th December, 2023, directing the CAC to register the NLS forthwith.”
The statement maintained that, “In the age of misinformation, disinformation and fake news, the NLS is minded to give the CAC the benefit of doubt.
The NLS accordingly, emphasized that “The CAC under the leadership of its Registrar-General, is hereby given 48hrs to issue a genuine and authenticated disclaimer, denouncing the
defamatory Public Notice, purporting to have been issued by the Commission; failing which the Nigerian Law Society will immediately commence contempt proceedings against its principal agents.
In the statement, the NLS similarly urged the general public to kindly ignore and discountenance the purported Public Notice.
